HomeMy WebLinkAboutCommittments concering the development and use of real estate 086-87 Z COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613 , Trammell
Crow Company on behalf of its affiliates ( hereafter the "Owner" ) ,
the owner of the following described Real Estate located in
Hamilton County, Indiana ( hereafter the "Real Estate" ) , makes the
following COMMITMENTS concerning the use and development of the
Real Estate to the Carmel Plan Commission ( hereafter
"Commission" ) .
I . Description of Real Estate:
See Exhibits A, B, C and D ( "Real Estate" )
2. Docket No. - •
3 . Statement of Commitments :
a. Owner commits that the Real Estate shall
be developed pursuant to the Conceptual Site
Development Plan attached as Exhibit E subject to such
amendments and modifications thereto as are recommended
by the Carmel Plan Commission and the Carmel City
Council and accepted by the Owner .
b. Owner commits that the real estate
described on Exhibit D shall be maintained in
perpetuity as landscape buffer except that streets and
roads, acceleration and deceleration lanes, signage,
retention ponds, drainage facilities and utility lines
may be located on the real estate . Owner commits that
the Landscape Plan attached hereto as Exhibit E' and
such modifications thereto as are approved by the
Carmel Plan Commission, shall be installed by the Owner
on the real estate described on Exhibit D prior to the
issuance of a Certificate of Occupancy by the City of
Carmel, Indiana for the first building to be
constructed on the Real Estate .
4. Binding on Successors & Assigns : These commitments are
binding on the Owner of the Real Estate , each subsequent owner of
the Real Estate and each other person acquiring an interest in
the Real Estate, unless modified or terminated by the Commission.
These Commitments may be modified or terminated only by a
decision of the Commission made at a public hearing after notice
as provided by the rules of the Commission .
5 . Effective Date : The commits contained herein shall be
effective upon the adoption of an ordinance by the Carmel City
Council changing the zoning classification of the Real Estate
described on Exhibit A from the S-2 Residence District to the B-6
Business District; the real estate described on Exhibit B from
the S-2 Residence District to the B-5 Business District; the real
estate described on Exhibit C from the S-2 Residence District to
the B-7 Business District and the real estate described on
Exhibit D from the R-1 Residence District to the B-7 Business
District.
6. Recording : The undersigned hereby authorizes the
Director of Community Development or the Secretary of the Carmel
Plan Commission to record these commitments in the office of the
Recorder of Hamilton County, Indiana upon adoption of the
ordinance referred to in paragraph 5 above .
7. Enforcement: These commitments may be enforced by the
Carmel Plan Commission .
IN WITNESS WHEREOF, Owner has executed this instrument this
4th day of August , 1987 .
TRAMMELL CROW COMPANY
BY :
amuel ,i 1_spi Partner_
STATE OF INDIANA )
SS :
COUNTY OF HAMILTON )
The undersigned, a Notary Public in and for said County and
State, acknowledged the execution of the foregoing commitments
by Samuel Gillespie, a partner of Trammell Crow Company.
Witnesseth this 4th day of August , 1987 .
r
`cam
Kimb ly Earle Notary Pati .
My Commission Expires :
March 2, 1989
Residing in Marion County
Part of the Southeast Quarter of Section 11 , Township 17
North, Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of said Quarter Section,
thence along the East Line of said Quarter Section South 00 degrees
28 minutes 55 seconds West 483. 70 feet to the Northeast corner of
"College Park" , the plat of which was recorded in Deed Record 113,
pages 2 - 3, in the Office of the Recorder of Hamilton County,
Indiana; thence along the North line of said addition South 8B
degrees 52 minutes 50 seconds West 43. 00 feet to the Northeast
Corner of Block "H" is said Addition, said corner being on the West
Right of Way of College Avenue; thence South 00 degrees 20 minutes
55 seconds West 405.03 feet along said Right of Way Line to the
Point of Beginning; thence continuing South 00 degrees 20 minutes
55 seconds West 440. 35 feet along said Right of Way Line to the
Northeast Corner of Lot 3 of Block "E" in said addition , said
corner being on the Northerly Right of Way Line of Interstate 465
(the next eleven courses are along said North Right of Way Line) ;
1 ) thence South 88 degrees 50 minutes 00 seconds West 141 . 50 feet
to the Northwest Corner of said Lot 3; 2) thence North 86 degrees
48 minutes 37 seconds West 178.35 feet; 3) thence South 89 degrees
01 minutes 35 seconds West 483. 37 feet; 4) thence South 83 degrees
18 minutes 57 seconds West 301 . 50 feet; 5) thence South 89 degrees
01 minutes 35 seconds West 832. 60 feet; 6) thence North 84 degrees
32 minutes 40 seconds West 70. 44 feet; 7) thence North 00 degrees
20 minutes 55 seconds West 6. 87 feet; 8) thence South 08 degrees 50
minutes 00 seconds West 59.22 feet; 9) thence North 04 degrees 32
minutes 40 seconds West 271 .30 feet; 10) thence North 83 degrees 55
minutes 43 seconds West 310.48 feet; 11 ) thence North 76 degrees 52
minutes 11 seconds West 4. 59 feet to the intersection of said
Northerly Right of Way Line with the West line of said Quarter
Section; thence North 00 degrees 19 minutes 52 seconds West along
said West Line 772. 05 feet to the Northwest Corner of said "College
Park" , said Corner being South 00 degrees 19 minutes 52 seconds
East 484. 50 feet from the Northwest Corner of said Quarter Section;
thence North 88 degrees 52 minutes 50 seconds East 1184. 47 feet
along the North line of said Addition; thence South 01 degrees 07
minutes 10 seconds East 130.00 feet; thence South 79 degrees 16
minutes 56 seconds East 121. 87 feet; thence North 88 degrees 52
minutes 50 seconds East 237.22 feet; thence South 01 degrees 07
minutes 10 seconds East 250.00 feet; thence North 88 degrees 52
minutes 50 seconds East 1100.00 feet to the Point of Beginning ,
containing 39. 477 acres, more or less.
EXHIBIT A
Part of the Southeast Quarter of Section 11 , Township 17
North, Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of said Quarter Section ,
thence along the East Line of said Quarter Section South 00 degrees
28 minutes 55 seconds West 483. 70 feet to the Northeast corner of
"College Park" , the plat of which was recorded in Deed Record 113,
pages 2 - 3, in the Office of the Recorder of Hamilton County,
Indiana; thence along the North line of said addition South BB
degrees 52 minutes 50 seconds West 43. 00 feet to the Northeast
Corner of Block "H" is said Addition, said corner being on the West
Right of Way of College Avenue; thence South 00 degrees 28 minutes
55 seconds West 370. 02 feet along said Right of Way Line to the
Point of Beginning; thence South 88 degrees 52 minutes 50 seconds
West 70.00 feet; thence North 46 degrees 27 minutes 53 seconds West
305. 91 feet; thence South 88 degrees 52 minutes 50 seconds West
812. 78 feet; thence South 01 degrees 07 minutes 10 seconds East
250. 00 feet; thence North 88 degrees 52 minutes 50 seconds East
1100.00 feet to a point on the West Right of Way Line of College
Avenue which lies South 00 degrees 28 minutes 55 seconds East 35.00
feet from the point of beginning; thence North 00 degrees 213
minutes 55 seconds West 35. 00 feet to the Point of Beginning ,
containing 5. 433 acres, more or less.
EXHIBIT B
Part of the Southeast Quarter of Section 11 , Township 17
North, Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of said Quarter Section,
thence along the East Line of said Quarter Section South 00 degrees
28 minutes 55 seconds West 483. 70 feet to the Northeast corner of
"College Park" , the plat of which was recorded in Deed Record 113,
pages 2 - 3, in the Office of the Recorder of Hamilton County,
Indiana; thence along the North line of said addition South 88
degrees 52 minutes 50 seconds West 43. 00 feet to the Northeast
Corner c,f Block "H" is said Addition, said corner being on the West
Right of Way of College Avenue and the Point of Beginning; South 08
degrees 52 minutes 50 seconds West 1461 .01 feet along the North
line of said Addition; thence South 01 degrees 07 minutes 10
seconds East 130. 00 feet; thence South 79 degrees 16 minutes 56
seconds East 121. 87 feet; thence North 88 degrees 52 minutes 50
seconds East 1050.00 feet; thence South 46 degrees 27 minutes 07
seconds East 305. 91 feet; thence North 88 degrees 52 minutes 50
seconds East 70. 00 feet to a point on the West Right of Way Line of
College Avenue which lies South 00 degrees 28 minutes 55 seconds
East 370. 02 feet from the point of beginning; thence North 00
degrees 28 minutes 55 seconds West 370. 02 feet to the Point of
Beginning, containing 6. 050 acres, more or less.
EXHIBIT C
Part of the Southeast Quarter and part of the North of the
Northeast Quarter of Section 11 , Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest Corner of said Southeast Quarter;
thence South 00 degrees 19 minutes 52 seconds East 484. 50 feet to
the Southwest Corner of "Harry Dowser 's Northridge" Addition, an
Addition to Hamilton County, Indiana, the plat of which was
recorded in Deed Record 121 , page 400 in the Office of the Recorder
of Hamilton County, Indiana, said corner also being the Northwest
Corner of "College Park" an Addition to Hamilton County, Indiana,
the plat of which was recorded in Deed Record 113, pages 2-3 in the
Office of the Recorder of Hamilton County, Indiana; thence along
the South Line of "Harry Dowser 's Northridge" Addition North 88
degrees 52 minutes 50 seconds East 43.00 feet to the Southwest
Corner of Lot 516 of said "Harry Dowser 's Northridge" Addition;
thence continuing along said South Line North 88 degrees 52 minutes
50 seconds East 1142. 75 feet (plat) , 1141 . 47 feet measured , to the
Southeast Corner of Lot 321 in said Addition; thence North 00
degrees 28 minutes 55 seconds West 328. 7 feet to a point on the
East Line of Lot 317 of said Addition, said point bears South 00
degrees 28 minutes 55 seconds East 10. 00 feet from the Northeast
Corner of said Lot; thence parallel with the North Line of said Lot
317 South 88 degrees 52 minutes 50 seconds West 190. 00 feet to a
point on the East line of Lot 329 in said Addition, said point lies
South 00 degrees 28 minutes 55 seconds East 10. 00 feet from the
Northeast Corner of said Lot 329; thence North 00 degrees 20
minutes 55 seconds West 110.00 feet to the Northeast Corner of Lot
331 in said Addition; thence South BB degrees 52 minutes 50 seconds
West 815. 85 feet (plat) , 813. 41 feet measured, to a point on the
North Line of Lot 509 in said Addition, said point lies South 00
degrees 19 minutes 52 seconds East 90. 01 feet from the Southeast
Corner of Lot 508 in said Addition; thence North 00 degrees 19
minutes 52 seconds West 90. 01 feet to the Southeast Corner of said
Lot 508; thence continuing North 00 degrees 19 minutes 52 seconds
West 600.00 feet to the Northeast Corner of Lot 497 in said
Addition; thence along the North Line of said Lot South 80 degrees
52 minutes 50 seconds West 135. 75 feet to the Northwest Corner of
said Lot which corner lies on the East Right of Way Line of
Pennsylvania Street; thence along said East Right of Way Line South
00 degrees 19 minutes 52 seconds East 1120. 7 feet to the Point of
Beginning , containing 13. 173 acres, more or less.
EXHIBIT D